United States v. David Anderson

MEMORANDUM

David Earl Anderson appeals his sentence on one count of threatening to kill President Barack Obama in violation of 18 U.S.C. § 871 . At the time of the offense, Anderson was incarcerated at the Oregon State Penitentiary serving a sentence on unrelated charges. Anderson pled guilty. The district court sentenced Anderson to 48 months in custody to be served consecutively to his current sentences for the unrelated state crimes. Anderson challenges his sentence on the grounds that the district court erroneously determined that his conduct constituted multiple threats under U.S.S.G. § 2A6.1, refused to grant departures for coercion, duress and voluntary disclosure based on § 5K2.12 and § 5K2.16, and denied a reduction for acceptance of responsibility under § 3E1.1. We affirm.

The district court did not abuse its discretion in determining that, based on the seven communications that Anderson sent, he made more than two threats against the President. Under the plain language of § 2A6.1(b)(6), Anderson’s request for a four-level decrease on the grounds that the mailings amounted to only a single threat was precluded by this determination. This court’s holding in United…